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" Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit... "
Indiana Digest: Decisions, [1817-1912]. - Page 303
1911
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The Code of Procedure of the State of New York, as Amended to 1866, with ...

New York (State) - 1867 - 1086 pages
...14 How. 149 ; Considerant v. Brisbane, 22 NY 389). a. As a trustee of an express trust ///•'// tue without joining with him the person for whose benefit the action is brought, it follows that he may to *"-'«', and that the cestui que trust* are before the court by...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 27

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1868 - 672 pages
...the argument, was directed to section 113 of the Code, by which it is declared that an executor, &c., may sue without joining with him the person for whose benefit the action is prosecuted. This has no application in the case of an action to obtain the construction of a will and the directions...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 27

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1868 - 624 pages
...executor or administrator, a trustee of au express trust, or a person expressly authorized by statute, to sue without joining with him the person for whose benefit the action is prosecuted. But if these provisions of the code arc to be regarded as qualifying the section cited on the subject...
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The Civil Practice Act of the State of California

California, Theodore Henry Hittell - Civil procedure - 1868 - 416 pages
...may sue withont joining with him the person or persons for whose henefit the action is prosecnted. A trustee of an express trust within the meaning of this section, shall he construed to include a person with whom, or in whose name, a contract is made for the henefit of...
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Commentaries on the Law of Infancy: Including Guardianship and ..., Part 1

Ransom Hebbard Tyler - Children - 1868 - 984 pages
...brought without joining the person for whose benefit the action is prosecuted ; arid it is declared that a trustee of an express trust, within the meaning of this prevision, shall be construed to include a person with whom, or in whose name, a contract is made for...
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 74

North Carolina. Supreme Court - Law reports, digests, etc - 1876 - 886 pages
...executor or administrator, a trustee of </« express trust, or a person expressly authorize.! by statute, may sue without joining with him the person for whose benefit the action is prosecuted," and relied on \\'illty v. (jutlimj, 70 Is. C. Rep. 410, to support his prosecution. In that case Willey...
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 68

North Carolina. Supreme Court - Law reports, digests, etc - 1873 - 626 pages
...executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the person for whose benefit the action is prosecuted,'' &c. It cannot be pretended that this case falls within the exceptions mentioned in this section ; and...
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The Code of Procedure of the State of New York, as Amended to 1870: With ...

New York (State), John Townshend - Civil procedure - 1870 - 896 pages
...Shcum v. Harry, 34 How. 320; Seady. Harris, 7 Rob 151 ; Cummins v. lďarkalow, 4 Keyes, 514. n. As a trustee of an express trust may sue without joining...with him the person for whose benefit the action is brought, it follows that he may Ъе mied, and that the ceatui que trusts are before the court by representation...
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The Code of Procedure of the State of New York, 1870: With Art. VI of the ...

Statutes - 1870 - 288 pages
...hy statute, may sue without joining with him the person for whose henefit the action is prosecuted. A trustee of an express trust, within the meaning of this section, shall he construed to inclnde a person with whom or in whose name a contract is made for the henefit of another....
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 56

Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1870 - 722 pages
...provided that in these cases the executor or statutory party or trustee of an express trust, might sue without joining with him the person for whose benefit the action was prosecuted. (Code, § 113.) The term "trustee of an express trust" had however acquired a technical...
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